GRAND RAPIDS, Mich. — The trial of four men accused of plotting to kidnap Gov. Gretchen Whitmer continued Thursday. After Wednesday left off with Special Agent Todd Reineck on the stand, Thursday began with cross examination, as attorneys for Barry Croft Jr., Adam Fox, Daniel Harris and Brandon Caserta got the chance to build their cases.
Two more witnesses were called to the stand following the cross examination of Reineck: FBI Agents Leslie Larsen and Chris Long. Long was the agent assigned to investigating Barry Croft Jr. During his time on the witness stand federal prosecutors presented evidence of audio recordings obtained through a confidential human source (CHS) using a concealed recording device.
Long says he can easily identify Croft Jr.'s voice on the recordings because of his distinct Delaware accent. In the recordings, Croft can be heard discussing explosives, saying "I need fine powder" and "I need explosives" during a meeting in Cambria, Wisconsin in July of 2020.
Later in that same day's meeting, jurors heard Croft Jr. specifically mention Gov. Whitmer by name. He can be heard saying he wants to "inhibit travel" and "cut off communications" while also "having a team to grab the governor."
In that same conversation, Croft Jr. says it would be a "precise grab of the governor" and went on to say it would be made easier because of snipers taking out Gov. Whitmer's guard duty.
During a meeting in Dublin, Ohio on June 6, Croft Jr. is again heard in audio recordings, this time saying he "is going to blow s--- up" and that he "might murder a cop."
Long was cross-examined by attorneys for Adam Fox, Daniel Harris and Brandon Caserta, but notably the attorney for Barry Croft Jr. did not get the chance to ask questions ahead of the three-day weekend.
"You certainly want the jury to be attentive," said former U.S. attorney Patrick Miles. "If you're at the end of the day it may not be the best idea to present your cross-examination or your side of the case."
Miles says a jury that is weary, fatigued or otherwise burnt out from a long day can be a distinct disadvantage. Croft Jr.'s attorney will have to wait three days before being able to refute or argue against any evidence presented Thursday, but Miles says this not necessarily a bad thing.
With three extra days to prepare, and knowing all the evidence laid out already, he says a break for a day or a weekend is like being stuck between a rock and a hard place. On one side of the coin, the jury will be fresh in the morning, and extra time to prepare can help, but it's difficult to let a jury sit with the evidence against your client without a chance to rebut.
In his closing to the jurors, Judge Robert Jonker asked them to do their best to enjoy the weekend and not think about the case. He stressed the importance of not doing outside research, even if something was presented that makes them curious, he specifically said "don't go and Google."
Jonker added that there is much more evidence to be presented, and the jurors "may not have seen the most important things" this early into the trial. He said it's the job of the attorneys from each side to make the cases coherent, rather than something that needed to be pieced together by the jurors.
In closing, he said to avoid news coverage of the trial, and to only allow things heard and seen "within these four walls" to influence the verdict in any way.
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